First,the proper citation is:  907 S.W.2d 503, 515 (Tex. 2004). The 
cite given in the article was the lower court cite.  Second, the 
dissenting judge did not make findings, rather he noted these 
allegations as part of the plaintiff's complaint and said the 
plaintiffs should have been allowed to proceed with their anti-trust 
action. The case involved whether or not an antitrust action could be 
maintained. The item of interest is that the dissent is the following 
footnote found on page 516, n.2 
n2 A Ross Laboratories Training Manual emphasized the importance of 
the hospital staff:  Ross Hospital Feeding System is designed to 
provide an early and convenient means of getting infants started on 
Similac . . . and ultimately sent home with instructions that they 
continue to use Similac. Never underestimate the importance of nurses. 
If they are sold and serviced properly, they can be strong allies. A 
nurse who supports Ross is like an extra salesperson.
This is NOT a finding, just a mere note.  The court made *no* findings 
about formula companies, and indeed, the majority would not even let 
the case go forward as an antitrust action. The dissent would have 
allowed the case to proceed.
Melissa Vance, JD
 

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